Legal Opinion

DeCoals, Inc. v. BD. OF ZONING APPEALS, ETC.

West Virginia Supreme Court

Decided December 2, 1981No. 14568PublishedCited by 18 opinions

1Opinion of the Court

Harshbarger, Chief Justice:

DeCoals, Inc. asked us to reinstate its building permit that was rescinded by the Board of Zoning Appeals of Westover, Monongalia County.

In 1976, Westover’s mayor approved DeCoals’ application for a permit to construct a coal tipple on its “industrial” zoned Monongahela riverside property, in which zone another tipple has operated for many years. DeCoals had previously received permits from the West Virginia Department of Natural Resources, West Virginia Air Pollution Control Commission, Department of the Army Corps of Engineers, and the City of Morgantown…

2Cases cited37 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  3. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  4. Agins v. City of TiburonSupreme Court of the United States · 1980
  5. United States v. Carolene Products Co.Supreme Court of the United States · 1938

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3Cited by18 opinions

  1. Hartsock-Flesher Candy Co. v. Wheeling Wholesale Grocery Co.West Virginia Supreme Court · 1984
  2. Bailey v. TrubyWest Virginia Supreme Court · 1984
  3. Sharon Steel Corp. v. City of FairmontWest Virginia Supreme Court · 1985
  4. Par Mar v. City of ParkersburgWest Virginia Supreme Court · 1990
  5. McFillan v. Berkeley County Planning CommissionWest Virginia Supreme Court · 1993

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